Legal Question Re: Refusal of Service

[skypilot]

I'll try to make this short.

A friend of mine, who is epileptic had a seizure in a bar last week. The bar owner is now refusing to allow him in the bar. My friend went to talk to the owner and explained that he hadn't taken his medication that day. The owner is now saying that he can't serve anyone whom he knows to be on any kind of medication. It seem to me that this could potentially exclude a lot of people from getting served.

Would the bar owner be liable if my friend had a seizure and hurt someone? I can understand this concern (which the bar owner expressed) but an epileptic could have a seizure anywhere. With whom would liability lie? Would serving the person alcohol be a factor?
Isn't this a form of discrimination?

[Tangerine LaBamba]

1. Best advice I can give you

is to send your friend to ask a lawyer in his jurisdiction.

Asking for legal advice on a message board is not a good idea.

[skypilot]

I'm not actually seeking advice on his behalf.

He has just decided to patronize another bar. I'm simply curious about this particular type of situataion.

[Tangerine LaBamba]

12. I like his solution

Smart guy.

That's an interesting question. In light of those old dram-shop acts, I wonder what the answer might be.

I hope the new place is even better.

[uppityperson]

2. "he can't serve anyone whom he knows to be on any kind of medication."?

No way. There is no way. Kicking for someone who might know, but yes, I'd say this is discrimination since there is no way that is legal, not not serve anyone whom he know to be on any kind of medication.

[uppityperson]

3. delete for dupe

[lapfog_1]

4. Unfortunately, the bar owner is correct.

Now that he KNOWS your friend has a medical condition and is on medications that may be affected by alcohol, he has both a duty and
a right not to serve your friend. That's the way similar situations were explained to me (I owned a bar at one time) by my
lawyer.

[skypilot]

6. Thanks. I guess that's the hard, cold, truthful answer.

Can the owner bar my friend from even coming into his bar? That is what it has come to at this point.

[lapfog_1]

7. Yes, and he should because

he can't always be there and some underling might serve your friend again. And should something happen (another episode)
where your friend is injured in the premises, the owner could be sued.

That's life in our litigious society.

[SemiCharmedQuark]

5. Good question. I remember an article where a woman had a seizure in a Marks and Specer's and they

barred her from service there unless she brings a friend.

[AndyA]

8. This is my understanding.

Just the same as bartenders have an obligation to cut people off who have obviously had too much to drink, if they know someone is taking medications that could be effected by alcohol consumption, they must not serve them.

A friend used to own a bar, and this is what he told me at the time. I'd imagine laws today are even stricter than they were years ago.

[cynatnite]

9. The bar owner is scared and rightly so after what happened...

He doesn't want be held liable. IMO, he's the one who needs to see a lawyer.

[Stephanie]

10. He could be vulnerable to a lawsuit

If your friend was served again and had another seizure and went to the hospital, the person who knowingly served him could possibly be vulnerable to suit.

[safeinOhio]

11. How about your friend going in a ordering

a coke. Then if he is thrown out he'd have a case. He might also mention to the barkeep that he has stopped all meds, so he has stopped drinking.

[spanone]

13. i'd bet more than half the people in any given bar are on some kind of meds

i'd take my business elsewhere

[hugo_from_TN]

14. But the bartender doesn't know it.

If your friend goes in and is served and has another seizure that causes him or other injuries, then the bartender can get sued because he knew it had happened before. That is negligence.

[spanone]

15. i'd take my business elsewhere

[rug]

16. Here's an opinion from the Liquor Control Board.

http://www.lcb.state.pa.us/webapp/legal/PublicAdvOpnDisplay.asp?opinion_year=2003&opinion_sequence=561

While a bar can refuse service for any non discriminatory reason, there's still a question as to whther epilepsy is a disability within a protected class.

"Whether refusal of service to this individual because of the prescribed medication she is taking would constitute a refusal of service based on disability is an issue outside the scope of this office’s responsibility. You could communicate with the Pennsylvania Human Relations Commission (“PHRC”) to get an answer to this question. The local telephone number for the PHRC is [phone]."

[skypilot]

17. "disability within a protected class"

Sorry that I haven't been responding to the posts in this thread. I've been away from the computer for awhile.


The issue of whether epilepsy would qualify as a disability within a protected class is partly what inspired me to post. There's also the fact that it was my friend's NOT taking his medication that brought on the seizure and not the combination of his medication and alcohol. But the point's moot in this case. My friend is not pushing the issue and has decided to drink elsewhere.

[rug]

18. I've often solved problems by just leaving and going somehere else to drink.

:hi: